Domestic Violence In The Presence Of A Child

Understanding Domestic Violence in the Presence of Children in Utah

In Utah, domestic violence in the presence of a child occurs when someone commits a domestic violence-related crime in front of children. This could range from physical assault to electronic harassment, provided the children are present or can hear or see the act.

How Does Utah Define “In the Presence of a Child”?

Under Utah law, “in the presence of a child” means:

• Physical Presence: The child is physically present at the scene.
• Knowledgeable Presence: The offender knows the child can see or hear the act of domestic violence.

What Are Domestic Violence Crimes in Utah?

Domestic violence is not a standalone crime but a tag applied to certain criminal offenses committed between cohabitants. Here are examples of charges that can be tagged as domestic violence offenses:

1. Physical Crimes: Assault, aggravated assault, homicide, child abuse.
2. Sexual Offenses: Sexual battery, exploitation, or voyeurism.
3. Harassment: Stalking or electronic communication harassment.
4. Property Crimes: Property destruction, burglary, robbery.
5. Weapon-Related Offenses: Possession of a deadly weapon with criminal intent, discharge of a firearm.

💡 Pro Tip: These charges become more severe when committed in the presence of a child.

How Does Utah Define Domestic Violence and Cohabitants?

• Domestic Violence: Any criminal act involving violence, harm, or the threat of harm between cohabitants. Attempts or conspiracies to commit such acts also qualify.
• Cohabitants: Adults with a specific relationship, such as current or former spouses, relatives by blood or marriage, or those living or having lived together.

Proving Domestic Violence in the Presence of Children

To secure a conviction, prosecutors must prove:

1. The offender committed a qualifying domestic violence crime.
2. The victim is a cohabitant as defined by Utah law.
3. The act occurred in the presence of children, who saw or heard the incident.

Defenses to Domestic Violence in the Presence of Children

1. Presence Defense

The prosecutor must prove the children were aware of the act. If the children were asleep, behind closed doors, or otherwise occupied, this defense could challenge the claim.

2. Intent Defense

The prosecutor must still prove the underlying domestic violence charge. All usual defenses, such as lack of intent or mistaken identity, remain valid.

💡 Pro Tip: Always consult an experienced attorney to review the specifics of your case and potential defenses.

What Are the Consequences of Domestic Violence in the Presence of Children?

Charges involving children often carry enhanced penalties, including longer jail sentences, higher fines, and mandatory rehabilitation programs. Additionally, they may affect custody or visitation rights.

Call a Utah Domestic Violence Defense Attorney Today

Facing charges for domestic violence in the presence of children can have life-changing consequences. Understanding the law and building a strong defense is crucial to protecting your rights and future.

📞 Call or text Utah Criminal Defense Attorney Jake Gunter at (801) 373-6345 for a free in-depth consultation. With years of experience, Jake Gunter can help navigate your case and work towards the best possible outcome.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out the se helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.